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2025 DAILYLAW 21767 (JHR)

M/S KHANUJA EARTH MOVERS, THROUGH ITS AUTHORIZED SIGNATORY SUMAN DEY v. REGIONAL PROVIDENT FUND COMMISSIONER-II (RECOVERY)

WPC/5386/2025 · 2025-09-24

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:29616 1 W.P.(C) No. 5386 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5386 of 2025 M/s Khanuja Earth Movers, a Partnership Firm, having its Office at Shop No- 1, Gurudwara Complex, Kalimati Road, Sakchi, Jamshedpur though its Authorized Signatory Suman Dey, Aged about 40 Years, S/o Uttam Kumar Dey, R/o House No 35, Kartik Nagar, Kharangajhar, Telco, Birshanagar, P.S. Chotta Gobindpur, Telco Works, P.O Telco Works, Jamshedpur, District A East Singhbhum, Jharkhand 831004. ….........Petitioner(s) Vrs. 1,Regional Provident Fund Commissioner-II/(Recovery), Regional Office, Employees Provident Fund Organization, Bhavisya Nidhi Bhawan, Aam Bagan, P.O. Sakchi, P.S. Sakchi, Jamshedpur, District East Singhbhum- 831001 2. Assistant Provident Fund Commissioner (Recovery), Regional Office, Employees Provident Fund Organization, Bhavisya Nidhi Bhawan, Aam Bagan, P.O. Sakchi, P.S. Sakchi, Jamshedpur, District East Singhbhum- 831001. 3. Enforcement Officer, Regional Office, Employees Provident Fund Organization, Bhavisya Nidhi Bhawan, Aam Bagan, P.O. Sakchi, P.S. Sakchi, Jamshedpur, District East Singhbhum-831 001. .......... Respondent(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Vikas Pandey, Advocate For the Respondents : Mr. Sanjeev Kr. Sahay 02/24.09.2025 The writ petition has been filed for the following relief(s): “For restraining the Respondents from taking any coercive action against the Partners of the Petitioner for attachment of the Bank account of the Petitioner and realization of disputed amount of Rs. 20,80,672/- from the bank account (Annexure-5) including Notice No JH/JAM/RO/JSR/RECOVERY/16148/2025/452 Dated 09.07.2025 (Annexure-7), till the pendency of Appeal alongwith Stay petition (Annexure-6) filed by the Petitioner before the Central Government Industrial Tribunal-2, Dhanbad u/s 7-1 of The Employees' Provident Fund And Miscellaneous Provisions Act, 1952, challenging therein the quashing and setting aside order 2025:JHHC:29616 2 W.P.(C) No. 5386 of 2025 dated 17.12.2024 issued u/s 14B (Annexure-4) and Garnishee Order dated 21.02.2025 (Annexure-5) passed by the Respondent No. 2, since the regular Presiding Officer of the said learned Tribunal has retired on 03.10.2024 and till date no regular Presiding Officer has been appointed and for the said reasons regular hearing is not taking place.” 2. Learned counsel for the respondent has produced the notification dated 14.07.2025 issued by the Ministry of Labour & Employment, Office of the Central Government Industrial Tribunal (CGIT) cum Labour Court ( No.2), Dhanbad suggesting that now the appellate tribunal i.e., CGIT cum Labour Court No. 2, Dhanbad is functional. A list of cases has also been produced suggesting that the case of the petitioner has also been listed for admission on 25.09.2025. 3. Let both the documents be kept on record. 4. In that view of the matter, learned counsel for the petitioner seeks permission to withdraw the writ petition with a liberty to present his case before the learned Tribunal, as his case is listed tomorrow. 5. With the aforesaid liberty, the writ petition is disposed of. (Rajesh Kumar, J.) 24.09.2025 A.Mohanty